Success Stories

IMMIGRATION

[H] Accountant’s H-1B approved after our successful response to the RFE 01/09/2018

This case is our Immigration Team’s another triumph in H-1B cases after Trump Administration has created greater hurdles. The client in this case received a job offer from a manufacturing company for the position of an accountant, and our immigration team prepared and submitted his H-1B petition package last April for FY 2017 H-1B season. In late October, we received a Request for Evidence (“RFE”), questioning whether the offered position qualifies as a specialty occupation and whether the Level I Wage on the Labor Condition Application (“LCA”) is appropriate for the position. Immediately after the receipt, our team began preparing the response by collecting the requested evidence such as letters from industry-related professionals and experts to attest that the similar companies routinely employ only degreed individuals in a specific major and that the wage level supports the instant entry-level position. We also requested the employer to provide its past employment practices for the position, work product samples, and additional information about the company highlighting the nature and scope of the business to show the business necessity of an accountant. We also prepared detailed statement to explain the proposed duties and educational requirements with level of judgment for each duty. After gathering all the requested documentation, we summarized in our response every single point questioned in the RFE, together with our legal memo arguing that the offered position qualifies as a specialty occupation and that the USCIS’ assertion of correlating a wage level with the complexity of a job duty is erroneous based on its misapplication of law. USCIS approved this case!

 

With our track record of success and with continuous knowledge building and relevant up-to-date information on the latest trending issues to overcome them, Song Law Firm’s dynamic Immigration Team can confidently boast that we possess the necessary strategies and experiences to successfully quash the new challenges in H-1B cases.